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1955 Supreme(Mad) 327

BALAKRISHNA AYYAR
Brahmayya and Co. – Appellant
Versus
K. P. Thangavelu Nadar and others – Respondent


Advocates Appeared:
S. Swaminathan, for Applicants, K. Desikachan, K. Raman and K.S. Narasimhan, for Respondents.

Judgement

ORDER :- This is an application by the Official Liquidators of the Hanuman Bank Ltd., for a direction to the respondents to pay a sum of Rs. 3759-10-9 with interest thereon at sis per cent per annum from 30-7-1949.

2. The case of the applicants is this. On 20-8-1946 Rathnaswami Nadar, since deceased, applied to the Kumbakonam branch of the Hanuman Bank Ltd., for overdraft facilities to the extent of Rs. 15,000. Vide Ex. P. 1. As collateral security Rathnaswami Nadar deposited with the Hanuman Bank Ltd., Fixed Deposit receipt No. 2 dated 15-6-1946 for a sum of Rs. 3,000 standing in the name of his son Shanmuga Nadar with a firm of bankers called K.K.D. and V.B.K. and Co.

Along with the receipt Shanmugha Nadar gave a letter to the Hanuman Bank authorising them to collect on maturity the money covered by the fixed deposit receipt and to credit the proceeds to the overdraft account. Vide Ex. P. 2. At the same time a letter Ex. P. 3, addressed by Shanmugha Nadar to the K.K.D. and V.B.K. and Co. was handed over to the Hanuman Bank by which the company was asked to pay the proceeds of the fixed deposit receipt with interest thereon to the Hanuman Bank Ltd. On 4-9-1946 the Kumbakona

































































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